Crump v. Ekpe et al, No. 9:2007cv01331 - Document 31 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER: ORDERED, that the 30 Report and Recommendation is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' 28 Motion for Summary Judgment is GRANTED, and that Plaintiff's complaint in this action is DISMISSED in all respects. Signed by Senior Judge Lawrence E. Kahn on 2/8/10. (Decision and Order served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ROBERT CRUMP, Plaintiff, -against- 9:07-CV-1331 (LEK/DEP) EKPE D. EKPE, et al., Defendants. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on January 19, 2010, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 30). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 30) is APPROVED and ADOPTED in its ENTIRETY; and it is further 1 ORDERED, that Defendants Motion for summary judgment (Dkt. No. 28) be GRANTED, and that Plaintiffs complaint in this action be DISMISSED in all respects; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: February 08, 2010 Albany, New York 2

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